Why is Day of Republika Srpska unconstitutional?

January 9, 2020 7:30 PM

 

Two years ago, constitutional Court of Bosnia-Herzegovina responded to the appeal by the former member of the Presidency of BiH Bakir Izetbegovic and assessed that the article 3b of the Law on Holidays of Republika Srpska is not in accordance with the Constitution of BiH.

Constitutional Court of BiH has been considering the appeal by the member of the Presidency of BiH Bakir Izetbegovic on the assessment of constitutionality of articles of the Law on Holidays of Republika Srpska by which January 9 is defined as official holiday – Day of Republika.

In the appeal, Izetbegovic stated that this day as the Day of Republika is not in accordance with the article II/4 of the Constitution of BiH.

Furthermore, Izetbegovic stated that January 9 is the day when the “Assembly of the Serb people in BiH” adopted the Declaration on the proclamation of Republika of the Serb people in B&H at the territory of Serb regions and other Serb ethnic units in BiH.

In the case number U 3/13, the Constitutional Court adopted the request of Bakir Izetbegovic for the assessment of constitutionality of the article 3b of the Law on Holidays of Republika Srpska.

“Constitutional Court of BiH determined that the article 3b of the Law on Holidays of Republika Srpska is not compliant with the article I/2 of the Constitution of Bosnia and Herzegovina, article II/4 of the Constitution of Bosnia and Herzegovina in relation to the article 1.1 and article 2a and 2c of the International Convention on the Elimination of All Forms of Racial Discrimination and the article 1 of the Protocol number 12 with the European Convention on Human Rights and Fundamental Freedoms,” stated the Constitutional Court of BiH.

 

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